Search court decisions

…existence of the arbitration clause in the contract. 4.…

…Indeed, learned counsel for the defendants/applicants in his submissions starts with referring to clause 15 as the valid arbitration clause.…

…The arbitration agreement being the product of a consensual contract, I refuse the invitation to “rectify the arbitration clause.”…

…In conclusion, the court held that where an arbitration clause is operative, it is binding between the parties.…

…clause which provides for a dispute resolution mechanism. b) That as a result, no competent suit lies before this honourable court, and the same ought to be struck out. 2.…

…In Niazsons (K) Ltd v China Road & Bridge Corporation Kenya [2001] eKLR, the Court of Appeal stated: Whether or not an arbitration clause or agreement is valid is a matter the Court seised of a suit in which a stay is sought…

…In this case, it is common ground that the dispute relates to a motor vehicle policy which contains an arbitration clause hence the Arbitration Act, 1995 applies to this case.…

…Having chosen to file suit instead of invoking the arbitration clause in the Articles of Association of the 1st Defendant, she cannot now purport to have recourse to section 6 (1) of the Arbitration Act, 1995. …

…He submits that an arbitration clause in an agreement does not entail that the suit filed should be struck out.…

…He added that where a party seeks to rely on an arbitration clause to have the matter referred to arbitration, the available remedy is a stay of proceedings under Section 6 of the Arbitration Act.…

…consent of the contractor and performance of such sub-contractor has to be the satisfaction of the DR as well as the contractor and has to be in accordance with a standard contract which by clause 33 thereof provides for own arbitration…

…and by clause 15 thereof entitles the contractor to allow the sub-contractor to use his name or join the sub-contractor in invoking arbitration clause in respect of any certificate withheld by the DR.…

…“if the appellant had wished to invoke the claim, it ought to have applied for a stay of proceedings after entering appearance and before delivering any pleading and that the appellant had lost its right to rely on the arbitration…

…clause by filing a defence. …

…The plaintiff submitted that the existence of the arbitration clause does not automatically oust the jurisdiction of the high court.…

…Sub-clause 21.8 of the conditions provides that where a DAAB has not been constituted, the parties are at liberty to proceed to Arbitration without reference to the DAAB procedures.…

…application, arguing that the application is incompetent, that there was inordinate delay of about five months, that the applicant has not demonstrated a meritorious suit, and that a preliminary objection on jurisdiction based on arbitration…

…clauses; clauses 27 and 28 of the contract is pending. 8.…

…Similarly, in the case of Agnes Waruguru Gaita & another v RSM Eastern Africa LLP & another [2021] KEELRC 1846 (KLR ) while dealing with the question of arbitration clause, the court held as follows: “ That Section does not…

…state that an arbitration clause ousts the jurisdiction of the court .…

…This becomes clearly so, when it is considered that the defendant, on its part, did not think it fit, in the first place, to invoke the arbitration clause, when a dispute arose between it and the plaintiff, but instead proceeded…

…It can be seen from the above that the agreement does have an arbitration clause. 7.…

…Thus is the present case, the defendant cannot rely as it has sought to do on the arbitration clause in the policy of insurance to stay the action founded on the compromise. On this point see Green vs.…

…hear and determine the plaintiffs/applicants suit and application dated 1st April 2025 for being res subjudice to the application dated filed by the same plaintiffs/applicants in Mombasa CMCC E283 of 2025 and whether the arbitration…

…clause under rule 40 of the club by-laws had not been complied with.…

…Ong’uti, learned Counsel for the plaintiffs, submitted that the plaintiffs entered into individual contracts with the 1st defendant which contained an arbitration clause under Clause 4.4.…

…The plaintiffs have invoked the Arbitration Clause contained in their leases. They issued a formal dispute notice and referral of the matter to arbitral.…

…According to him, the agreement contemplated compensation for business disruption, and since the suspension arose from “orders from above” rather than any contractual provision, the arbitration and limitation clauses could…

…Mutua, learned Counsel for the Defendant, PW1 acknowledged that the licence agreements contained a five-year term and an arbitration clause under Clause 20.…

…Before I identify the issues for determination, I observe that although in their Statement of Defence, the Defendants brought up the issue of the recourse to Arbitration stipulated under Clause 37.1 of the contract, their…

…In any case, if the Defendants had wished to invoke the Arbitration clause, then they ought to have applied for stay of proceedings immediately upon entering appearance and before delivering any pleading.…

…The jurisdiction of this court was denied on the basis of a mandatory arbitration clause in the sublease. Reply To Defence.…

…It has stated that in the absence of any arbitration clause, this dispute ought not to be referred for arbitration, rather, it should be determined by the court. 9.…